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Statutory Instruments

2003 No. 1338

SOCIAL SECURITY

The Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003

Made

21st May 2003

Laid before Parliament

27th May 2003

Coming into force

for the purposes of Parts 1 and 3

16th June 2003

for all other purposes

6th October 2003

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by the provisions specified in the Schedule to these Regulations and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned M1, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it M2, hereby makes the following Regulations:

Marginal Citations

M1See section 176(1)(b) of the Social Security Administration Act 1992.

M2See section 173(1)(b) of the Social Security Administration Act 1992.

PART 1E+W+SGeneral

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003 and shall come into force—

(a)for the purposes of Parts 1 and 3, on 16th June 2003; and

(b)for all other purposes on 6th October 2003 immediately after the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 M3.

F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

PART 2E+W+SAmendment of Housing Benefit Regulations and Council Tax Benefit Regulations

Housing Benefit Regulations and Council Tax Benefit RegulationsE+W+S

F22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Continuing payments where state pension credit claimedE+W+S

F23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 3E+W+STransitory Provisions

Transitory provisionE+W+S

F24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Extension of benefit periodE+W+S

F25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitory provision for rent officer referralsE+W+S

F26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 4E+W+SConsequential and Transitional Provisions

Application of this PartE+W+S

F27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulation 2 of the Housing Benefit Regulations and regulation 2 of the Council Tax Benefit RegulationsE+W+S

F28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulation 7 of the Housing Benefit RegulationsE+W+S

F29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulation 11 of the Housing Benefit RegulationsE+W+S

F210.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulation 12A of the Housing Benefit RegulationsE+W+S

F211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Extended paymentsE+W+S

F212.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Change of circumstancesE+W+S

F213.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Time claims are made or treated as madeE+W+S

F214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulation 76 of the Housing Benefit Regulations and regulation 66 of the Council Tax Benefit RegulationsE+W+S

F215.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulation 104 of the Housing Benefit Regulations and regulation 90 of the Council Tax Benefit RegulationsE+W+S

F216.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of Schedule 1A to the Housing Benefit RegulationsE+W+S

F217.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of Schedule 6 to the Housing Benefit Regulations and Schedule 6 to the Council Tax Benefit RegulationsE+W+S

F218.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Minor and consequential amendmentsE+W+S

F219.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional provisionE+W+S

F220.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional provision for rent officer referralsE+W+S

F221.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3PART 5E+W+SApplication and Amendment of Other Provisions

Textual Amendments

Amendment of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995U.K.

F222.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997U.K.

F223.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001U.K.

24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks

Parliamentary Under-Secretary of State,

Department for Work and Pensions

SCHEDULEE+W+SProvisions Conferring Powers Exercised in making these Regulations

Column (1)Column (2)Column (3)
Short titleProvisionRelevant amendments
Social Security Contributions and Benefits Act M4  
 Section 123(1)(d) and (e)Local Government Finance Act 1992 M5, Schedule 9, paragraph 1(1)
 Section 130(2) and (4)Local Government Finance Act 1992, Schedule 9, paragraph 3
 

Section 131(10)

Section 136A

State Pension Credit Act 2002 M6, Schedule 2, paragraph 3
 

Section 137(1) and (2)(i)

Section 175(3) and (4)

Social Security (Incapacity for Work) Act 1994 M7, sections 4(11), 7(4) and 12(3)

Section 175 (3) and (4) is applied to the provisions of the State Pension Credit Act 2002 by section 19(1) of that Act

Social Security Administration Act 1992 M8  
 Section 5(1)(a), (d), (e), (i), (j) and (k)Social Security Act 1998 M9, Schedule 7, paragraph 79(1)
 Section 6(1)(a), (d), (e), (i), (k) and (l)Local Government Finance Act 1992, Schedule 9, paragraph 12(1)(a) and (b) and Schedule 14
 

Section 75(2) and (4)

Section 76(1) and (2)

Local Government Finance Act 1992, Schedule 9, paragraphs 15(2) and Schedule 14
 Section 128AJobseekers Act 1995 M10, section 28(2)
 Section 189(4) and (5)Social Security Act 1998, Schedule 7, paragraph 109
Housing Act 1996 M11Section 122 (3),(5) and (6) 
Social Security Act 1998

Section 34(1) and (2)

Section 79(4), (6) and (7) M12

Section 84

 
Child Support, Pensions and Social Security Act 2000 M13

Schedule 7, paragraph 4(4) and (6)

Schedule 7, paragraph 23(1)

 

Marginal Citations

M12See: paragraph 20(3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (General) Regulations 1987 (S.I.1987/1971) (“the Housing Benefit Regulations”), the Council Tax Benefit (General) Regulations 1992 (S.I.1992/814) (“the Council Tax Benefit Regulations”), the Housing Benefit (General) Amendment Regulations 1995 (S.I. 1995/1644), the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 (S.I. 1997/852) and the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I. 2001/1002).

These Regulations abolish benefit periods in housing benefit and council tax benefit for those who have attained the qualifying age for state pension credit. In the case of a woman, that age is pensionable age and in the case of a man it is the age which is pensionable for a woman born on the same day as a man (section 1(6) of the State Pension Credit Act 2002).

Part 2 (regulations 2 and 3) contains amendments to the Housing Benefit Regulations and Council Tax Benefit Regulations. Regulation 3 amends regulation 62B of the Housing Benefit Regulations and regulation 53B of the Council Tax Benefit Regulations (continuing payments where state pension credit claimed) to make provision for the date a continuing payment will end in specified circumstances.

Part 3 (regulations 4 to 6) contains provisions for a transitory scheme. Regulation 4 provides that claimants who have attained the qualifying age for state pension credit on or before 6th October 2003 and whose benefit period is due to end between 16th June and 5th October 2003 may have their housing benefit decision or council tax benefit decision superseded, and where the appropriate relevant authority considers that it is appropriate to supersede, the effective date of the supersession is the day immediately following the day on which the benefit period would have expired had it not been superseded. Regulation 5 extends the maximum length of a benefit period where regulation 4(1) applies. Regulation 6 makes provision for an appropriate relevant authority to apply to a rent officer for a determination.

Part 4 (regulations 7 to 21) contains consequential and transitional provisions. Regulations 8 to 10 and regulations 14 to 18 amend provisions in the Housing Benefit Regulations and the Council Tax Benefit Regulations, omitting references to benefit periods and making consequential changes. Regulation 11 amends regulation 12A of the Housing Benefit Regulations to prescribe a further circumstance in which a relevant authority must apply to a rent officer for a determination. Regulation 12 amends the provisions in the Housing Benefit Regulations and Council Tax Benefit Regulations relating to extended payments to make provision for a claimant who attains the qualifying age for state pension credit during the period of an extended payment. Regulation 13 amends regulation 68 of the Housing Benefit Regulations to specify the date a change of circumstances will take effect where entitlement to housing benefit ends and makes a minor amendment to regulation 59 of the Council Tax Benefit Regulations to reflect the modifications made by the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (S.I. 2003/325). Regulation 19 contains minor amendments. Regulation 20 contains transitional provisions for renewal claims for housing benefit and council tax benefit. Regulation 21 contains transitional provisions for rent officer referrals.

Part 5 (regulations 22 to 24) amends other Regulations. Regulation 22 amends regulation 10 of the Housing Benefit (General) Amendment Regulations 1995, substituting references to benefit periods to awards of housing benefit for those who have attained the qualifying age for state pension credit. Regulation 23 amends regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 to retain transitional protection for those who have attained the qualifying age for state pension credit. Regulation 24 amends regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations to provide a new effective date of the day following the last day of the 52 week period referred to in regulation 12A(1)(d) or (e) for cases where a decision is superseded for a change of circumstances and that change is brought about because a Rent Officer’s determination applied for by a relevant authority is adopted in the decision.

These Regulations do not impose a charge on business.